Pro
se petitioner Louis Joseph George, an inmate in the
custody of Louisiana3');">39;s Department of Corrections, filed
the instant petition for writ of habeas corpus
pursuant to 28 U.S.C. §2254 on December 4, 2017.
Petitioner attacks his September 16, 2011 conviction for
first degree murder and the life sentence imposed thereon by
the Fifteenth Judicial District Court, Lafayette Parish.

This
matter was referred to the undersigned for review, report,
and recommendation in accordance with the provisions of 28
U.S.C. §63');">36 and the standing orders of the Court. For
the following reasons it is recommended that the petition be
DISMISSED WITH PREJUDICE as time-barred by
the provisions of 28 U.S.C. §2244(d).

Background

The
factual background set forth by the Louisiana Third Circuit
Court of Appeal on direct of appeal is as follows:

In April 1989, Michelle Steven was severely choked and beaten
in her home. She never regained consciousness and died as a
result of the assault in 2001. The perpetrator of the crime
was not immediately known. In 2003');">3, Thad Badeaux, a detective
with the Lafayette Parish Sheriff3');">39;s Office, reopened the
dormant case when he discovered through an updated process
that the fingerprints taken from the victim3');">39;s bathroom
windowsill matched the fingerprints of Defendant, Louis
Joseph George.

On March 14, 2007, following a DNA analysis of preserved
evidence and additional investigation, Defendant was indicted
for the 1989 first degree murder of Michelle Steven. The
charge was later amended to second degree murder, a violation
of La.R.S. 14:3');">30.1. Jury trial commenced on September 12,
2011, at which time Defendant made an oral motion to
continue, which was denied. Defendant filed an expedited writ
with this court seeking review of the trial court3');">39;s
ruling. This court found no error in the denial of a
continuance and denied Defendant3');">39;s writ application.
State v. George, an unpublished writ bearing docket
number 11-113');">34 (La.App. 3');">3 Cir. 9/13');">3/11).

On September 16, 2011, the jury found Defendant guilty as
charged, and he was sentenced to life imprisonment without
benefit of parole, probation, or suspension of sentence.

Petitioner
appealed his sentence in the Third Circuit, raising the
following claims: (1) the trial court erred when it denied
his motion for new trial; (2) trial court violated his
constitutional right to conduct voir dire of a prospective
juror; and (3');">3) trial court erred when it refused to remove a
juror from the empaneled jury when it was revealed that the
juror was employed for several years by the same company as
one of the witnesses. [Rec. Doc. 1-3');">3, pp. 3');">3- 24] He
subsequently filed a supplemental brief, arguing that the
trial court erred in denying him the right to exercise back
strikes of the entire jury panel which caused prejudicial
error in the jury selection process. [Rec. Doc. 1-3');">3, pp. 26-
3');">38] The Third Circuit affirmed the conviction and sentence on
November 7, 2012. State of Louisiana v. Louis Joseph
George, 12-566 (La.App. 3');">3 Cir. 11/7/12), 2012 WL
54173');">363');">3. Petitioner applied for writs in the Louisiana
Supreme Court, who denied same on December 2, 2013');">3. State
of Louisiana v. George, 2012-2542 (La. 12/2/13');">3), 126
So.3');">3d 496.

On
January 29, 2015, petitioner filed an Application for Post
Conviction Relief in the Fifteenth Judicial District Court,
raising several claims of ineffective assistance of counsel.
[Rec. Doc. 1-3');">3, pp. 44-82] His application was denied on
December 7, 2015. [Rec. Doc. 1-3');">3, p. 85] On December 28,
2015, petitioner filed an application for supervisory writ of
review in the Louisiana Third Circuit Court of Appeal [Rec.
Doc. 1-3');">3, pp. 87-99], which was denied on May 17, 2016. [Rec.
Doc. 1-3');">3, p. 13');">32] Petitioner then sought supervisory writs in
the Louisiana Supreme Court [Rec. Doc. 1-3');">3, pp. 100-13');">31]; the
Court denied same on October 9, 2017. State ex el. Louis
Joseph George v. State of Louisiana, 227 So.3');">3d 797');">227 So.3');">3d 797,
2017-1167 (La. 10/9/17). He did not seek further direct
review in the United States Supreme Court. [Rec. Doc.1,
¶6(d)]

The
instant petition was delivered to the Classification Officer
assigned to petitioner3');">39;s unit on December 1, 2017 for
filing and was filed in this Court on December 4, 2017.
Petitioner raises the following claims: (1) the trial court
erred when it denied his motion for new trial; (2) trial
court violated his constitutional right to conduct voir dire
of a prospective juror; (3');">3) trial court erred when it refused
to remove a juror from the empaneled jury when it was
revealed that the juror was employed for several years by the
same company as one of the witnesses; (4) trial court erred
in denying him the right to exercise back strikes of the
entire jury panel which caused prejudicial error in the jury
selection process; and (5) ineffective assistant of counsel.
[Rec. Docs. 1 & 1-1]

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